Less Land Co. v. Fender
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. W. Meeks, Judge; STATEMENT BY THE OOTJRT. The petition asked for .the establishment olf the drainage district to include the territory designated, situated in Lawrence and Randolph counties, that an engineer be appointed to make the survey and report to the county court.
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Appeal from Randolph Circuit Court; J. W. Meeks, Judge; STATEMENT BY THE OOTJRT. The petition asked for .the establishment olf the drainage district to include the territory designated, situated in Lawrence and Randolph counties, that an engineer be appointed to make the survey and report to the county court. This petition was signed by D. W. Fender, T. Z. James, D. W. Johnson .and fourteen others, and the bond to pay the expenses of the survey of the drainage district petitioned for, in case it was not formed was signed by the said parties and eleven of the other signers of the petition.…
1Opinion of the Court
Kieby, J.,
(after stating the facts). It is first contended that the acts authorizing the 'establishment of the drainage district and the [assessment of the property therein upon a petition. therefor signed by a majority either in number, acreage or value of the owners of land within the proposed district and without such majority, if in the opinion of the court the establishment thereof will be to the advantage of the owners of real property therein are unconstitutional and in conflict with the Fourteenth Amendment to the Constitution of the United States and section 23, article 2 of the…
2Cases cited17 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
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3Cited by6 opinions
- Prucka v. Eastern Sarpy Drainage DistrictNebraska Supreme Court · 1953
- Lessenberry v. Little Rock-Pulaski Drainage District No. 2Supreme Court of Arkansas · 1947
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Hamilton v. Board of County CommissionersOhio Supreme Court · 1923
- Opinion No., Arkansas Attorney General Reports2010
1 more not listed; retrieve them via the Exa API.